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HomeMy WebLinkAboutCity of Tamarac Resolution R-95-278Temp. Reso. #7263 1 November 16, 1995 - Revision No. 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-95--al? A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE RENEWAL OF A ONE- YEAR CONTRACT WITH ALPHA TEMPORARY SERVICES, TO PROVIDE SCHOOL CROSSING GUARD SERVICES WITHIN THE CITY OF TAMARAC; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE ADDENDUM TO THE OCTOBER 1, 1993 INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE CITY OF TAMARAC AND ALPHA TEMPORARY SERVICES, INC. FOR SCHOOL CROSSING GUARD SERVICES; APPROVING FUNDING FROM ACCOUNT #001-220-521-340 ENTITLED, POLICE SERVICES, OTHER CONTRACTUAL SERVICES, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE QATE. WHEREAS, the City of Tamarac promotes the safety and well being of children walking and bicycling to school; and WHEREAS, Alpha Temporary Services, Inc have provided the School Crossing Guard Services for the City of Tamarac during fiscal year 1995; and WHEREAS, Alpha Temporary Services, Inc. in accordance with the original contract (attached hereto as Exhibit A), has agreed to an extension of all terms of the School Crossing Guard Service contract for a period of one (1) year. Temp. Reso. #7263 2 November 16, 1995 - Revision No. 1 WHEREAS, it is the recommendation of the Director of Community Development that the Contract with Alpha Temporary Services be renewed; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to renew, for a period of one-year, the contract with Alpha Temporary Services, Inc. for School Crossing Guards. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That the renewal of a one-year contract with Alpha Temporary Services, Inc for School Crossing Guard Services, is HEREBY APPROVED and that all appropriate officials are authorized to execute the Addendum to the October 1, 1993 Agreement between the City of Tamarac and Alpha Temporary Services, Inc. for School Crossing Guard Services attached hereto and incorporated herein as Exhibit B. 5ECTION_3: That the funds are to come from Account Number #001-220- 521-340 entitled, Police Services, Other Contractual Services at a cost of $50,000; and SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. n Temp. Reso. #7263 3 November 16, 1995 - Revision No. 1 5ECTIOQN5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION !L This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this C ,Q day of UOURA-A6er",1995. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this / RESOLUTION as t0orm. IITCHELL S. CITY ATTOF code enforcement\c:\userdata\wpdata\res\tr7263as fmo4vw ftAW) NORMAN ABRAMOWITZ MAYOR _ RECORD OF COUNCIL. VCF E MAYOR F10 z_ DISTRICT 1; V (c- T DISTRICT 2• µ �' DISTRICT 3:'Sc-S4e- D:STRIICT 4: µ , C VE E l 0 • • INDEPENDENT CONTRACTOR AGREEMENT BETWEEN CITY OF TAMARAC AND ALPHA TEMPORARY SERVICES 1� This Agreement is made and entered into this ),t�L day of 1993, by and between the CITY OF TAMARAC, a duly organized municipality under the laws of the State of Florida (hereinafter referred to as "CITY") and ALPHA TEMPORARY SERVICES as an independent contractor (hereinafter referred to as "CONTRACTOR"). RECITALS WHEREAS, CITY desires to a have school crossing guard services performed at school locations throughout the corporate limits of the City of Tamarac. WHEREAS, CONTRACTOR agrees to perform school crossing guard services for CITY under the terms and conditions set forth in this Agreement. NOW, THEREFORE, IN CONSIDERATION of the mutual promises set forth herein, it is agreed by and between CITY and CONTRACTOR as follows: 1. CONTRACTOR agrees to provide SCHOOL CROSSING GUARDS, pursuant to City of Pompano Beach Bid No. H-38-91, opened on November 15, 1991, (attached hereto and made a part hereof as Exhibit "A"). 2. The initial contract period will be for one (1) year; however, the CITY reserves the right to extend the contract for up to three (3) one (1) year extensions providing: (a) both parties agree to the extensions; (b) all the terms, conditions, and specifications remain the same; EXHIBIT A 0 (c) such extension is approved by the City of Tamarac. as set forth herein and in the specifications and bid which are attached as Exhibit W. 3. As part of this Agreement the CONTRACTOR shall provide SCHOOL CROSSING GUARDS at the pricing as follows: (a) SCHOOL CROSSING GUARDS per City of Pompano Beach Bid No. H-38-91 at a total cost of $5.97 per hour. This rate shall remain constant unless the Federal minimum wage changes. In that event, the hourly rate shall be the minimum wage plus thirty seven percent (37%). (b) The hourly charge for each guard offered and accepted must remain firm throughout the life of the contract. and remain consistent throughout the actual school year. (c) Costs for any subsequent years are subject to an adjustment only if an increase or decrease occurs throughout the local industry as set forth in the specifications of the bid document under Cost Adjustments. (As stated in Exhibit "A"). 4. CITY may cancel the Contract based upon terms and conditions within the bid documents. (As stated in Exhibit "A")• - 5. CONTRACTOR'S obligations and CITY's rights as contained in the bid documents and CONTRACTOR'S bid are made a part of the contract and are binding as if set forth in full herein. (EXHIBIT "A") 6. All insurance policies in a form and amount accepted to the CITY's Risk Manager shall be furnished to the City prior to any _ service. 7. CONTRACTOR shall give 1JLIL.Alig1jfY in hiring to current city of Tamarac School Crossing Guards that desire to obtain employment as a crossing guard with CONTRACTOR. 8. CONTRACTOR aha11 make every reasonable effort to assign former Citv of Tamarac guards to the same posts that they were assigned to when employed by the City of Tamarac as cross) ng guards. 2 K _ �,5- - c� '7 P 9. CONTRACTOR shall give_nreference to City of Tamarac residents for positions in the City of Tamarac. 10. CONTRACTOR shall provide aU training for both supervisory and non -supervisory school crossing guards. This specific provision is a valid exception to and shall supercede any contrary provision in the Pompano Bid. Documents are attached hereto as Exhibit W. 11. CONTRACTOR shall provide the CITY with the name and telephone number of its contract administrator so that all complaints can be referred to that number. Complaints shall be responded to by vendor within twenty four (24) hours of receipt. CONTRACTOR shall keep a log of all complaints and responses thereto and shall provide same to CITY upon reasonable notice. 12. CONTRACTOR agrees that CONTRACTOR will at all times faithfully, industriously, and to the best of CONTRACTOR'S ability, experience, and talents, perform all the services that may be required of and from CONTRACTOR pursuant to the express and implicit terms of this Agreement, to the reasonable satisfaction of the CITY. 13. The parties intend that an Independent Contractor relationship will be created by this Contract. CITY is interested only in the results to be achieved and the details of the work performed by the CONTRACTOR lie solely with the CONTRACTOR. CONTRACTOR is not considered an agent or employee of the CITY for purposes of this contract. 14. This Agreement contains the complete agreement concerning the CONTRACTOR arrangement between the parties and shall as of the effective date of this Agreement supersede all other agreements between the parties. The parties stipulate that neither of them has made any representation with respect to the subject matter of this Agreement or its execution and duly accept such representations as are specifically set forth in this Agreement. Each of the parties to this Agreement acknowledge that it Hs relied on its own judgment in entering this Agreement. 15. No waiver or modification of this Agreement or any covenant, condition, or limitation contained in this Agreement shall 3 4- 9<rc,2 ! t E be valid unless in writing and duly executed by the party to be charged. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this Agreement or the rights and obligations of the parties unless such waiver or modification is in writing and duly executed. 16. Hours of performance will be three (3) hours per day, per post, as agreed upon by both parties. Any variation shall require the approval of the designated CITY representative. 17. All terms, conditions, and covenants contained in this Agreement are severable and in the event of any of them shall be held to be invalid by any competent court, this Agreement shall be interpreted as if said invalid terms, conditions or covenants were not contained in this Agreement. 18. CONTRACTOR covenants and agrees not to assign, sell, mortgage, hypothecate, or in any manner transfer this Agreement or interest in the premises nor grant any licenses either voluntarily or by operation of law by any other entity or person without prior written consent of the CITY. 19. CONTRACTOR agrees to comply with all local, state and federal laws, including but not limited to all laws related to the training of school crossing guards. 20. The work to be performed under this contract will be performed entirely at CONTRACTOR'S risk and CONTRACTOR assumes all liability and holds the CITY, its employees, and officers harmless for any activity performed by or under the direction of the CONTRACTOR. CONTRACTOR will carry for the duration of this Contract, insurance in an amount and form acceptable to the Risk Manager, and the CITY shall be named as an additional Insured. CONTRACTOR agrees to indemnify and hold CITY, its employees, and officers harmless for any and all liability or loss arising in any way out of the performance of this Contract. CONTRACTOR agrees to provide CITY with certificates evidencing the required coverage's before CONTRACTOR begins work hereunder. CONTRACTOR agrees to release and hold harmless and to defend CITY, its employees and agents from any and all claims, suits for damages of whatsoever kind brought against CITY, its officers, employees, or agents, in which CITY, an officer, employee, or agent is named as a Defendant, 4 • for any suit, judgment, execution or liability as to any injuries or property damage which are connected with or related to or growing out of this Agreement. Further, CONTRACTOR agrees to indemnify and hold harmless and to pay all costs, judgments and reasonable attorneys fees incurred by CITY, its officers, agents and employees as a result of any act of CONTRACTOR, its agents, servants or employees, in connection with CONTRACTOR's performance under the terms of this Agreement. This provision shall survive beyond the life of the Contract for any claims arising during the life of the Contract. Further, this Provision shall supplement any indemnification provision contained In Exhibit "A:. 21. CONTRACTOR will secure the payment of compensation when required to do so under Florida Statute Chapter 440. 22. This Agreement shall be governed by all United States, Florida, and local laws, regulations, ordinances, or other standards as set by any regulatory agency, including but not limited to, any and all municipal regulations or any other regulations which may govern the CITY OF TAMARAC, as a municipality of the State of Florida. 23. CONTRACTOR is to submit monthly invoices for the work performed, such invoices will specify date of work performed and number of hours worked per day. 24. All notices between the parties hereto shall be in writing and sent certified mail, return receipt requested with copies as follows: As to the CITY: John P. Kelly, City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321-2401 With copy to: Mitchell S. Kraft, City Attorney City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321-2401 5 C� As to CONTRACTOR: 100aTemporary Inc. Cypress Creek Road 1W. Ft. Lauderdale, FL 33309 25. Venue shall be in Broward County, Florida, with respect to any and all actions which may be brought now or hereafter in connection with this Agreement. 26. In the event any litigation or other action shall arise from this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all costs and expenses, including attorneys' fees and all costs and expenses for any court proceeding relative to the disposition of any issues arising under this Agreement. 27. CONTRACTOR agrees that in the performance of this Agreement, that it will not discriminate or permit discrimination in its hiring practices or in the performance of this Agreement against any person on the basis of race, sex, religion, political affiliation, handicap or national origin. 28. CONTRACTOR agrees to secure a performance bond in a form and amount acceptable to the CITY. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: CITY OF TAMARAC through its CITY COUNCIL, signing by and throMi Mayor, autha ' ed to executed same by Council action on the day of , 1993, and ALPHA TEMPORARY SERVICES, signing by and through duly authorized to execute same. . Sc� CITY OFTA RAC By: .L B ER, MAYOR On this 2-Eday of 1993. 6 I/ . a -7,F B_ SOH ! P. KELLY, cr On this c< q Tay of ATTEST: CAROA:AE ANS, CITY CLERK . On this dayof 1993 APPROVED AS TO FORM AND ,j,,lClENlCY`- IL SUFF MMfLL S. KFfiAFT CITY ATTORNEY ATTEST: C06iP0 J RATE SECRETARY (SEAL) On this (' day of (-,, -,-/ 1993. 1993. CITY OF TA.MARAC ApponvFn AT AAFFTINr, nF g a(0 _9 CONTRACTOR: PRESIDENT- 7 ,e _ -7f • • STATE OF FL$Rtf�i4- )L COUNT OF BAevmm) Gi.c.teF BEFORE ME an officer duly authorized to administer oaths, personally appeared vN to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he/she executed said instrument for the purposes therein expressed. WITNESS my hand and — Sad 1 �_ 1993. NQTA"•al sc�l My Cccanis,icn H�oiras Aunus: a. 1996 My commission expires: official seal, this day of NOTARY PUBLIC 6 e� (�. i, w "le _ 1C'Z-t�- PRINT OR TYPE NAME OF NOTARY Personally known: Produced Identification: Type of Identification produced: I DID take an oath, or DID NOT take an oath. 8 le 9S7,;� F ADDENDUM TO OCTOBER 1, 1993 INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE CITY OF TAMARAC AND ALPHA TEMPORARY SERVICES FOR SCHOOL CROSSING GUARD SERVICES This Addendum to the Independent Contractor Agreement between the City of Tamarac (hereinafter "CITY") and Alpha Temporary Services, Inc., as an independent contractor (hereinafter "CONTRACTOR"), is made and entered into this 30 day of 1995. WITNESSETH: WHEREAS, the CITY and CONTRACTOR entered into an Agreement dated October 1, W010A 0 WHEREAS, CONTRACTOR agreed to provide school crossing guard services for the CITY. NOW, THEREFORE, in addition to the obligations set forth in the Agreement of October 1, 1993, between the CITY and CONTRACTOR, the parties agree as follows: 1. Option to renew as stated in Paragraph 2 of the Agreement, signed by City of Tamarac on November 1, 1995, is hereby exercised for a period of one (1) year to commence on October 1, 1995 through October 1, 1996. 2. The October 1, 1993 Agreement between CITY and CONTRACTOR and all subsequent amendments and addendums thereto not subject to this or other duly executed amendments and addendums remain in full force and effect. The failure to specifically delineate any prior terms or conditions in this Addendum does not operate to relieve CITY and CONTRACTOR of any obligations pursuant to the Agreement or waive any rights Page 1 of 4 EXHIBIT B L • C� contained therein. IN WITNESS WHEREOF, the parties hereto have made and executed this Addendum to Agreement on the respective dates under each signature. CITY OF TAMARAC, through its City Commission, signing by and through its Mayor,, authorized to execute same by Commission action on the ,�p day of n UCynE��Y"1995 and Alpha Temporary Service, Inc., signing by and through ~ ly authorized to execute same. ATTEST: BY:aw_j�z&11--�-4-1 CAROL A. EVANS CITY CLERK CITY OF TAMARAC: NORMAN ABRAMOWITZ MAYOR DATE: BY: YI-OT. ROBERTS. NOE, JR. j��' CITY MANAGER DATE: CITY ATTORNEY Page 2 of 4 -2 • C� • STATE OF FLORIDA 6�� COUNTY OF ALPHA TEMPORARY SERVICES, INC. BY' 'C� -I, CAROLE GREENICH STAFFING MANAGER I HEREBY CERTIFY that on this date, before me, an officer duly authorized in the State aforesaid and in the County �foresaid to take acknowledgments, personally appeared (`_oL-ro `,- G-r-e(fn I c nto me known to be the person(s) described in and who executed the foregoing instrument and he/she acknowledged before me and under oath he/she executed the same. WITNESS my hand and official seal this day of TARY PUBL6 State of Florida at Large i v b , 71-1 14c ate Gu�S (Name of Notary Public: Print, Stamp, or Type as Commissioned) � �1)>7/R'NrrN)7i,!?'7�7� ? �7711.�17777717777717J{ ( ) Personally known to me, or ( Produced identification Type of I.D. Produced ` i i15»Sti`."; . � :�", •i�l')�1'y � ? ti11y')�>`.',Y)44'��51'i i ,`,11y)`>i` ( ) DID take an oath or ('�) DID NOT take an oath. Page 3 of 4 • • • STATE OF FLORIDA : SS COUNTY OF I HEREBY CERTIFY that on this date, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared to me known to be the person(s) described in and who executed the foregoing instrument and he/she acknowledged before me and under oath he/she executed the same. WITNESS my hand and official seal this day of , 199 ( ) Personally known to me, or ( ) Produced identification NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath or ( ) DID NOT take an oath. Page 4 of 4